Common use of CDOT Responsibilities Clause in Contracts

CDOT Responsibilities. The Enterprises hereby delegate, and CDOT agrees to perform, the following obligations of the Enterprises under the C-70 Project Agreement: a. CDOT will be primarily responsible to provide design and construction management and administrative oversight of the Developer through the Final Acceptance Date of the Project in accordance with the terms and conditions of the C-70 Project Agreement. Such administration shall include, but not be limited to, inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments; preparing and approving pay estimates; processing, investigating and, if appropriate, managing disputes arising from the Construction Work or during the Construction Period; performing construction supervision of the Developer and its subcontractors in relation to the construction schedule and other requirements of the C-70 Project Agreement; and enforcing the rights and remedies of the Enterprises under the C-70 Project Agreement. b. CDOT will provide reasonable cooperation to HPTE and BE with regard to the Developer’s financing of the Project and any continuing disclosure or other ongoing obligations related thereto. c. CDOT shall be responsible for completion of the environmental review process under the National Environmental Policy Act (“NEPA”) and related statutes, as well as any subsequent compliance, modifications to the ROD and oversight of the completion of mitigation measures. CDOT shall be responsible for costs incurred by the Enterprises, including as a result of any delays that are compensable under the terms of the C-70 Project Agreement, as such relate to compliance with NEPA and the ROD. d. CDOT shall ensure that the Project is undertaken in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (42 U.S.C. § 4321, et seq.), as applicable, and the ROD, including oversight of any re-evaluations or other Environmental Approvals required to be undertaken by the Developer in accordance with the C-70 Project Agreement. e. CDOT will be responsible for acquiring all rights of way, if any, necessary for the Project and for compliance with the Uniform Federal Relocation Assistance and Real Property Acquisition Policies Act (42 U.S.C. § 4601, et seq.) requirements. f. CDOT shall be responsible for providing the Department Provided Approvals set forth in the C-70 Project Agreement. CDOT shall be responsible for costs incurred by the Enterprises, including as a result of any delays that are compensable under the terms of the C-70 Project Agreement related to a failure to provide the Department Provided Approvals. g. CDOT shall assist the Enterprises in complying with their obligation to provide assistance to the Developer in obtaining and modifying Governmental Approvals and Permits under Section 8.4.4 of the C-70 Project Agreement. h. CDOT shall be responsible for administering and enforcing the URAs, including, but not limited to, undertaking Reasonable Efforts to enforce Claims against Utility Owners in respect of any Unexcused Utility Owner Delay Compensation Event claimed by the Developer against the Enterprises. CDOT agrees to promptly remit amounts recovered, less the reasonable cost and expense incurred by CDOT in pursuing such claim, to the Enterprises for payment to the Developer in accordance with the C-70 Project Agreement. i. CDOT shall be responsible for administering and enforcing the RRAs, including, but not limited to, enforcing any Claims against Railroads in respect of any Unexcused Railroad Delay Compensation Event claimed by the Developer against the Enterprises. In the event the Project involves modifications of a railroad company’s facilities whereby the related work is to be accomplished by railroad company forces, CDOT shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that work without compliance. CDOT shall also establish contact with the railroad company involved for the purposes of complying with applicable provisions of 23 CFR 646, subpart B, concerning federal aid projects involving railroad facilities. CDOT shall be responsible for making payments due to any Railroad pursuant to the terms of the RRAs and the C-70 Project Agreement from moneys available for Pre-Development Costs. j. CDOT will be responsible for ensuring compliance with Disadvantaged Business Enterprise, workforce development and related Developer requirements for the Project as set forth in Schedule 15 to the C-70 Project Agreement. k. CDOT will maintain all documents related to the construction of the Project and make them available for inspection and review by HPTE, BE and all federal agencies with an interest in the Project for a period of not less than three years after the completion of the work. l. CDOT shall cooperate with the Enterprises in administering the Physical Damage Proceeds Reserve described in Schedule 13 to the C-70 Project Agreement. CDOT shall assist the Enterprises in reviewing any Reinstatement Plan submitted by Developer and shall cooperate with the Enterprises to ensure Developer is promptly reimbursed for costs and expenses incurred to effect the Reinstatement Work. m. CDOT shall lead the administration, coordination and enforcement of the Cover Maintenance Agreement between CDOT, the Enterprises and the City of Denver, as well as serve as the primary liaison between the Developer and third-parties related to the Cover during the Construction Period. n. CDOT shall serve as the primary liaison between the Developer and the Warranty Beneficiaries and shall be responsible for, on the Enterprises’ behalf, coordinating the exercise of such right of enforcement with each Warranty Beneficiary, with a view to CDOT being the primary party with which the Developer is required to interface in connection with the enforcement of Project Warranties.

CDOT Responsibilities. The Enterprises hereby delegate, and CDOT agrees to perform, the following obligations of the Enterprises under the C-70 Project Agreement: a. CDOT will be primarily responsible to provide design and construction management and administrative oversight of the Developer through the Final Acceptance Date of the Project in accordance with the terms and conditions of the C-70 Project Agreement. Such administration shall include, but not be limited to, inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments; preparing and approving pay estimates; processing, investigating and, if appropriate, managing disputes arising from the Construction Work or during the Construction Period; performing construction supervision of the Developer and its subcontractors in relation to the construction schedule and other requirements of the C-70 Project Agreement; and enforcing the rights and remedies of the Enterprises under the C-70 Project Agreement. b. CDOT will provide reasonable cooperation to HPTE and BE with regard to the Developer’s financing of the Project and any continuing disclosure or other ongoing obligations related thereto. c. CDOT shall be responsible for completion of the environmental review process under the National Environmental Policy Act (“NEPA”) and related statutes, as well as any subsequent compliance, modifications to the ROD and oversight of the completion of mitigation measures. CDOT shall be responsible for making payments due in respect of any mitigation commitments that are to be undertaken by CDOT, and not by the Developer pursuant to the terms of the C-70 Project Agreement, from moneys available for Pre-Development Costs. CDOT shall be responsible for costs incurred by the Enterprises, including as a result of any delays that are compensable under the terms of the C-70 Project Agreement, as such relate to compliance with NEPA and the ROD. d. CDOT shall ensure that the Project is undertaken in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (42 U.S.C. § 4321, et seq.), as applicable, and the ROD, including oversight of any re-evaluations or other Environmental Approvals required to be undertaken by the Developer in accordance with the C-70 Project Agreement. e. CDOT will be responsible for acquiring all rights of way, if any, necessary for the Project and for compliance with the Uniform Federal Relocation Assistance and Real Property Acquisition Policies Act (42 U.S.C. § 4601, et seq.) requirements. f. CDOT shall be responsible for providing the Department Provided Approvals set forth in the C-70 Project Agreement. CDOT shall be responsible for costs incurred by the Enterprises, including as a result of any delays that are compensable under the terms of the C-70 Project Agreement related to a failure to provide the Department Provided Approvals. g. CDOT shall assist the Enterprises in complying with their obligation to provide assistance to the Developer in obtaining and modifying Governmental Approvals and Permits under Section 8.4.4 of the C-70 Project Agreement. h. CDOT shall be responsible for administering and enforcing the URAs, including, but not limited to, undertaking Reasonable Efforts to enforce Claims against Utility Owners in respect of any Unexcused Utility Owner Delay Compensation Event claimed by the Developer against the Enterprises. CDOT agrees to promptly remit amounts recovered, less the reasonable cost and expense incurred by CDOT in pursuing such claim, to the Enterprises for payment to the Developer in accordance with the C-70 Project Agreement. CDOT shall be responsible for making payments due to any Utility Owner pursuant to the terms of the URAs and the C-70 Project Agreement from moneys available for Pre-Development Costs. i. CDOT shall be responsible for administering and enforcing the RRAs, including, but not limited to, enforcing any Claims against Railroads in respect of any Unexcused Railroad Delay Compensation Supervening Event claimed by the Developer against the Enterprises. In the event the Project involves modifications of a railroad company’s facilities whereby the related work is to be accomplished by railroad company forces, CDOT shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that work without compliance. CDOT shall also establish contact with the railroad company involved for the purposes of complying with applicable provisions of 23 CFR 646, subpart B, concerning federal aid projects involving railroad facilities. CDOT shall be responsible for making payments due to any Railroad pursuant to the terms of the RRAs and the C-70 Project Agreement from moneys available for Pre-Development Costs. j. CDOT will be responsible for ensuring compliance with Disadvantaged Business Enterprise, workforce development and related Developer requirements for the Project as set forth in Schedule 15 to the C-70 Project Agreement. k. CDOT will maintain all documents related to the construction of the Project and make them available for inspection and review by HPTE, BE and all federal agencies with an interest in the Project for a period of not less than three years after the completion of the work. l. CDOT shall cooperate with the Enterprises in administering the Physical Damage Proceeds Reserve described in Schedule 13 to the C-70 Project Agreement. CDOT shall assist the Enterprises in reviewing any Reinstatement Plan submitted by Developer and shall cooperate with the Enterprises to ensure Developer is promptly reimbursed for costs and expenses incurred to effect the Reinstatement Work. m. CDOT shall lead the administration, coordination and enforcement of the Cover Maintenance Agreement between CDOT, the Enterprises and the City of Denver, as well as serve as the primary liaison between the Developer and third-parties related to the Cover during the Construction Period. n. CDOT shall serve as the primary liaison between the Developer and the Warranty Beneficiaries and shall be responsible for, on the Enterprises’ behalf, coordinating the exercise of such right of enforcement with each Warranty Beneficiary, with a view to CDOT being the primary party with which the Developer is required to interface in connection with the enforcement of Project Warranties.

CDOT Responsibilities. The Enterprises hereby delegateExcept as otherwise specifically identified as a responsibility of HPTE in Paragraph 3 of this Section, and CDOT agrees to performshall be responsible for the construction of the Segment 3 Project, including, but not limited to, the following obligations of the Enterprises under the C-70 Project Agreementfollowing: a. CDOT will contract for the design and construction of the Segment 3 Project as generally described and approved in the Record of Decision dated December 2011 issued by the Federal Highway Administration as required for the I-25 North Express Lanes Project (Segment 3) pursuant to 42 U.S.C. § 4321, et seq. b. CDOT will coordinate with HPTE, when necessary, on the underlying procurement process of the Segment 3 Project and will be primarily responsible to for ensuring compliance with Federal Disadvantaged Business Enterprise requirement in contracts for the Segment 3 Project. c. CDOT will provide design and construction management for the Segment 3 Project and administrative oversight of will oversee the Developer through contractor who shall perform the Final Acceptance Date of the Project construction in accordance with the terms and conditions of approved design plans and/or administer the C-70 Project Agreementconstruction all in accordance with the construction contract. Such administration shall include, but not be limited to, inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments; preparing and approving pay estimates; processingpreparing, investigating and, if appropriate, managing disputes arising from approving and securing the Construction Work or during the Construction Periodfunding for contract modification orders and minor contract revisions; performing processing contractor claims; construction supervision of the Developer supervision; and its subcontractors in relation to the construction schedule and other meeting requirements of the C-70 Project Agreement; FHWA/CDOT Stewardship Agreement and enforcing the rights applicable federal and remedies of the Enterprises under the C-70 Project Agreement. b. CDOT will provide reasonable cooperation to HPTE State laws and BE with regard to the Developer’s financing of the Project and any continuing disclosure or other ongoing obligations related thereto. c. CDOT shall be responsible for completion of the environmental review process under the National Environmental Policy Act (“NEPA”) and related statutes, as well as any subsequent compliance, modifications to the ROD and oversight of the completion of mitigation measures. CDOT shall be responsible for costs incurred by the Enterprises, including as a result of any delays that are compensable under the terms of the C-70 Project Agreement, as such relate to compliance with NEPA and the RODregulations. d. CDOT shall ensure that the Project is undertaken in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (42 U.S.C. § 4321, et seq.), as applicable, and the ROD, including oversight of any re-evaluations or other Environmental Approvals required to be undertaken by the Developer in accordance with the C-70 Project Agreement. e. CDOT will be responsible for acquiring all rights of way, if any, necessary for the Segment 3 Project and for compliance with the Uniform Federal Relocation Assistance and Real Property Acquisition Policies Act (42 U.S.C. § 4601, et seq.) requirements. e. If necessary, CDOT will be responsible for obtaining the proper clearance or approval from any utility company, which may become involved in the Segment 3 Project. f. CDOT shall be responsible for providing ensure that all work in connection with the Department Provided Approvals set forth in the C-70 Segment 3 Project Agreement. CDOT shall be responsible for costs incurred by the Enterprises, including as a result of any delays that are compensable under the terms of the C-70 Project Agreement related to a failure to provide the Department Provided Approvals. g. CDOT shall assist the Enterprises in complying with their obligation to provide assistance to the Developer in obtaining and modifying Governmental Approvals and Permits under Section 8.4.4 of the C-70 Project Agreement. h. CDOT shall be responsible for administering and enforcing the URAs, including, but not limited to, undertaking Reasonable Efforts to enforce Claims against Utility Owners in respect of any Unexcused Utility Owner Delay Compensation Event claimed by the Developer against the Enterprises. CDOT agrees to promptly remit amounts recovered, less the reasonable cost and expense incurred by CDOT in pursuing such claim, to the Enterprises for payment to the Developer is done in accordance with the C-70 Project Agreementrequirements of the current federal and State environmental regulations including the National Environmental Policy Act of 1969 (42 U.S.C. § 4321, et seq.), as applicable. i. CDOT shall be responsible for administering and enforcing the RRAs, including, but not limited to, enforcing any Claims against Railroads in respect of any Unexcused Railroad Delay Compensation Event claimed by the Developer against the Enterprises. g. In the event the Segment 3 Project involves modifications of a railroad company’s facilities whereby the related work is to be accomplished by railroad company forces, CDOT shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that work without compliance. CDOT shall also establish contact with the railroad company involved for the purposes of complying with applicable provisions of 23 CFR 646, subpart B, concerning federal aid projects involving railroad facilities. CDOT shall be responsible for making payments due to any Railroad pursuant to the terms of the RRAs and the C-70 Project Agreement from moneys available for Pre-Development Costs. j. CDOT will be responsible for ensuring compliance with Disadvantaged Business Enterprise, workforce development and related Developer requirements for the Project as set forth in Schedule 15 to the C-70 Project Agreement. k. h. CDOT will maintain all documents related to the construction of the Segment 3 Project and make them available for inspection and review by HPTE, BE HPTE and all federal agencies with an interest in the Segment 3 Project for a period of not less than three years after the completion of the work. l. i. CDOT shall cooperate will be responsible for the costs associated with any transponders (other than the Enterprises in administering single occupancy vehicle transponders) that are necessary to allow high occupancy vehicles to use the Physical Damage Proceeds Reserve described in Schedule 13 to the C-70 I-25 North Express Lanes Project Agreement. CDOT shall assist the Enterprises in reviewing any Reinstatement Plan submitted by Developer and shall cooperate with the Enterprises to ensure Developer is promptly reimbursed for costs and expenses incurred to effect the Reinstatement Work(Segment 3) free of charge. m. j. CDOT shall lead may be responsible for all other items in the administrationMemorandum of Understanding by and between CDOT and HPTE, coordination and enforcement of the Cover Maintenance Agreement between CDOTdated September 30, the Enterprises and the City of Denver2013, as well as serve may be amended from time to time (the “MOU”) identified as the primary liaison between the Developer and third-parties related to the Cover during the Construction Periodresponsibility of CDOT’s Office of Major Project Development. n. CDOT shall serve as the primary liaison between the Developer and the Warranty Beneficiaries and shall be responsible for, on the Enterprises’ behalf, coordinating the exercise of such right of enforcement with each Warranty Beneficiary, with a view to CDOT being the primary party with which the Developer is required to interface in connection with the enforcement of Project Warranties.